Terms of Service
Last updated 17/09/2020
- These terms of service
- These terms of service (the “Terms of Service”) are legally binding between you, a particular user of the Platform and the Platform Services and / or a buyer of Carrier Services and / or Add-On Services (whom we refer to as “Buyer”,“you” and “your” in this document), and us for your use of the Platform, the Platform Services, the Carrier Services and the Add-On Services (all as defined below). We are Beacon Technologies Ltd, a company registered in England and Wales under company registration number 11664346 with our registered office at 42 Berkeley Square, London, W1J 5AW and our VAT number is 323 0540 51. We trade under the name“Beacon” and we refer to ourselves as“Beacon”, “we”,“us” and “our”in these Terms of Service. If you have any comments, queries or suggestions about the Platform, the Services or these Terms of Service, you can email us at [email protected]
- We supply the Platform Services, the Carrier Services and the Beacon Add-On Services to you and your contract for those Services is with us. The Provider supplies the Provider Add-On Services to you and your contract for those Provider Add-On Services is with the Provider.
- These Terms of Service should be read in conjunction with:
- the BIFA Terms which apply to the Carrier Services you purchase from us;
- any Specific Terms which apply to the Carrier Services and / or the Beacon Add-On Services you purchase from us; and
- the terms and conditions for any Provider Add-On Services you purchase from the Providers which will govern the contract between you and the Provider for those Provider Add-On Services.
- Please read these Terms of Service carefully. By accessing or using the Platform or the Platform Services, by accepting our Quotation or by purchasing Carrier Services or Add-On Services, you are agreeing to these Terms of Service and to the documents referred to in these Terms of Service.
- In the event of any conflict or inconsistency between the documents referred to in clause 1.3, the following order of priority shall apply (with the BIFA Terms taking the highest priority):
- the BIFA Terms;
- the Specific Terms; and
- these Terms of Service.
- Copies of the BIFA Terms and any Specific Terms are available upon request by emailing [email protected] For the purposes of the BIFA Terms, we will be the “Company” and you will be the“Customer”.
- You undertake that by accepting these Terms of Service or by accessing and using the Platform and / or the Platform Services and / or by purchasing the Carrier Services and / or Add-On Services, you are binding the Buyer to these Terms of Service and you have all necessary permission, consents and authority from the Buyer to bind the Buyer to these Terms of Service.
- The following definitions and rules of interpretation apply in these Terms of Service:
|“Account”||means an account allocated to a User to allow the User to access and use the Platform (or certain features of the Platform).|
|“Add-On Services”||means the Beacon Add-On Services and the Provider Add-On Services.|
|“Arrival Date”||means the date the Goods arrive at the Delivery Point.|
|“Beacon Add-On Services”||means the additional services purchased by the Buyer from Beacon and which may include UK customs clearance for the Goods.|
|“BIFA Terms”||means the British International Freight Association (“BIFA”) Standard Trading Conditions 2017 Edition (England & Wales) (as updated under clause 2.4).|
|“Booking”||means a booking made by you for the Carrier Services and / or the Add-On Services.|
|“Business Day“||means a day other than a Saturday, Sunday or bank or public holiday in England.|
|“Carrier Services”||means the services booked by the Buyer which are for the carriage of the Goods from the Collection Point to the Delivery Point.|
|“Charges”||means the charges payable by you for the Carrier Services and / or the Add-On Services under the Booking.|
|“Collection Point”||means the collection point for the Goods.|
|“Confidential Information”||means any information, however conveyed or presented, that relates to the business, affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know-how, personnel and suppliers of the disclosing party, together with all information derived by the receiving party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked “confidential“), or which ought reasonably be considered to be confidential.|
|“Credit Limit”||as defined in clause 7.1.|
|“Delivery Point”||means the delivery point for the Goods.|
|“Departure Date”||means the date the Goods depart from the Collection Point.|
|“Goods”||means the goods to be transported by the Carrier Services.|
|“Intellectual Property Rights”||means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.|
|“Payment Terms”||as defined in clause 7.1.|
|“Platform”||means the Beacon platform available at www.beacon.com (or at such other URL used to host the Beacon platform from time to time).|
|“Platform Services”||means the services provided via the Platform to allow Buyers to obtain Quotations for, and to book, Carrier Services and Add-On Services.|
|“Provider”||means the third-party provider of Carrier Services or Add-On Services.|
|“Provider Add-On Services”||means the additional services purchased by the Buyer from the Provider and which may include international customs clearance for the Goods, insurance for the Goods and supply chain finance related to the Goods.|
|“Quotation”||means a quotation for Carrier Services and / or Add-On Services.|
|“Services“||means the Platform Services, the Carrier Services and the Add-On Services.|
|“Software”||means the online software applications made available by us as part of the Platform and / or the Platform Services.|
|“Specific Terms”||means the specific terms and conditions which apply to the particular Carrier Services and /or Beacon Add-On Services.|
|“Unfulfilled Booking”||means a Booking for the Carrier Services and / or the Beacon Add-On Services which has not started to be fulfilled and where Beacon can cancel the Booking without incurring costs to a third party.|
|“Users”||means any individual who has registered to use some or all of the Platform and the Platform Services on behalf of the Buyer or who otherwise makes Bookings with us on behalf of the Buyer.|
|“User Data”||means any data or information uploaded to the Platform or the Platform Services or otherwise provided to us by a User.|
- In these Terms of Service:
- references to clauses are to the clauses of these Terms of Service;
- references to persons and entities include individuals, bodies corporate, firms, partnerships and unincorporated associations;
- the headings are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Service;
- a reference to a statute or statutory provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute or statutory provision; and
- a reference to writing or written includes in electronic form.
- We may update these Terms of Service from time to time to reflect changes to our business and, where they do change, they will apply immediately to all future Bookings. We will always endeavour to notify you of changes to these Terms of Service that are likely to have a material impact on our business relationship with you.
- Whenever a new edition of the BIFA Terms is released, those new BIFA Terms shall automatically apply to these Terms of Service in place of the previous BIFA Terms.
- Completing the registration process on the Platform gives you access to the functionality of the Platform and enables you to make Bookings through the Platform.
- To register with the Platform, you (or your Users) must supply us with the following information: name, name of employer, email address, phone number and password.
- Your Users will be deemed authorised to represent you and authorised to order Carrier Services and Add-On Services and to make Bookings on your behalf and it is your responsibility to ensure your Users are so authorised.
- You and your Users must keep your and their passwords strictly confidential and secure and must notify us immediately if any third party becomes aware of that password or if you become aware of any unauthorised use of your or your Users’ passwords or if there is any breach of security known to or suspected by you so we can disable the password. You agree that any person to whom your or your Users’ passwords are disclosed is authorised to act on your behalf for the purposes of using (and / or transacting via) the Platform and with us.
- You agree that you are responsible for the acts and omissions of your Users and you agree to ensure all your Users are aware of, and comply with, these Terms of Service, the Specific Terms and the BIFA Terms.
- You agree to ensure that all information provided by you and / or your Users to us (whether through the Platform or otherwise) is and continues to be true, complete, accurate and not misleading and you agree to promptly inform us of any changes or updates to such information.
- The Booking Process
- We and our Providers will wherever possible supply you with the Quotations you request from us. Where the Quotation has a fixed validity period, we will let you know so you can accept or decline the Quotation within the validity period. Where the Quotation does not have a fixed validity period, it may be withdrawn at any time.
- When you purchase the Carrier Services and / or the Beacon Add-On Services, you will be deemed to accept the BIFA Terms for the Carrier Services and any applicable Specific Terms for the Carrier Services and /or the Beacon Add-On Services. When you purchase the Provider Add-On Services, you will be deemed to accept the Provider’s terms and conditions for the Provider Add-On Services.
- Once you purchase the Carrier Services and / or the Add-On Services, you will be deemed to have made a legally binding Booking which is governed by these Terms of Service and, as applicable, the BIFA Terms and the Specific Terms. The BIFA Terms and the Specific Terms shall be deemed part of these Terms of Service for the supply of the relevant Services in relation to the Booking.
- Once the Booking has been made, one of our team will contact you to obtain further information about the Booking which will include information about the Goods, information about payment and information about the Collection Point and Delivery Point for the Goods. You agree to promptly provide our team members with the information they request from you about the Booking.
- You acknowledge that the Quotations will be generated based on the information you provide to us and to the Provider. You agree that you are responsible for the accuracy and completeness of the information you provide to us and to the Provider and that we have no liability to you for any inaccurate or incomplete information provided by you. You must ensure that all information supplied by you (or your Users) is accurate and complete.
- If you want to change the information you give us (for example, if you want to make a change to the dates of collection and / or delivery for the Goods), please let us know as soon as possible. We will endeavour to accommodate your request (but we cannot guarantee this) and we will agree to any applicable additional Charges with you.
- Where you have purchased Provider Add-On Services and you want to change the information you have supplied to the Provider, please let us know as soon as possible. We will work with you and the Provider to accommodate your request and to agree any applicable additional Charges with you.
- We reserve the right not to offer and to cancel your Quotations if we believe the Goods are unsafe or unlawful to transport, or where you have not complied with your Payment Terms or you have exceeded your Credit Limit, or where you have otherwise breached these Terms of Service.
- Additional Services
- We may agree to provide you with additional Beacon Add-On Services or to introduce you to Providers of additional Provider Add-On Services. All such additional Beacon Add-On Services and additional Provider Add-On Services shall be deemed “Beacon Add-On Services” and “Provider Add-On Services” respectively within the scope of these Terms of Service subject to such other written terms as we may agree with you in respect of those additional services.
- Platform Rules
- We will endeavour to correct any errors or omissions in the Platform and the Platform Services as soon as practicable after being notified of them. However, we do not guarantee that the Platform or the Platform Services will be free from errors or faults.
- We do not warrant that your use of the Platform and / or the Platform Services will be uninterrupted.
- You accept the risk of the transmission of viruses and harmful code associated with the use of any online services and you agree to put your own anti-virus protection and other security measures in place to protect your hardware, software, information and data.
- We assume no responsibility for the content or services of any other websites to or from which the Platform or the Platform Services has links. The links are provided “as is“ with no warranty for the information provided within those websites. Those websites will be governed by their own terms and conditions and privacy policies which you should carefully review.
- You (and your Users) agree not to use the Platform or the Platform Services to do any of the following:
- send, receive, post or display any material which infringes the Intellectual Property Rights or other rights of any third party;
- use the Platform or the Platform Services in any way which breaches any laws or regulations;
- furnish, send or post any inaccurate or incomplete or misleading data or material;
- attempt to circumvent our security or network including accessing data not intended for you;
- use, deliver or transmit any viruses or other technologically harmful software, code, file or programme;
- interfere or attempt to interfere with the proper working of the Platform, the Software or the Platform Services;
- attempt to copy, store, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute the Platform, the Software or the Platform Services or any data obtained from the Platform (in whole or in part);
- attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform, the Software or the Platform Services;
- access all or any part of the Platform, the Software or the Platform Services to build a product or service which competes with the Platform, the Software or the Platform Services;
- use the Platform, the Software or the Platform Services to provide services to third parties;
- licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform, the Software or the Platform Services available to any third party except the Users;
- attempt to obtain, or assist third parties other than the Users in obtaining access to the Platform, the Software or the Platform Services; or
- use the Platform, the Software or the Platform Services for any purpose except for the purposes for which they are provided.
- Credit Limits and Payment Terms
- Where appropriate we will provide you with:
- an agreed credit limit against which you can make Bookings with us (“Credit Limit”); and
- agreed payment terms for payment of our invoices (“Payment Terms”).
- We will carry out regular reviews of your Credit Limit and Payment Terms and we may increase or decrease them at any time. Where we make a change to your Credit Limit and / or Payment Terms, we will endeavour to give you advance notice of the change. However, there may be situations, such as where you have not paid us on time, where we will change your Credit Limit and / or Payment Terms without giving you advance notice of the change.
- Any changes we make to your Credit Limit and / or Payment Terms will apply to future Bookings and will not apply to Bookings you have already made with us.
- You agree to provide us with all the information we reasonably request to support your application for a Credit Limit and / or Payment Terms with us or to support your request to increase your Credit Limit and / or Payment Terms with us. You agree to ensure that all the information you provide to us in relation to your Credit Limit and / or Payment Terms is accurate and complete.
- Where appropriate we will provide you with:
- Whenever you make a Booking with us, you must pay us the Charges which you accepted when you made the Booking.
- We will invoice you for the Charges and you agree to pay our invoices upon receipt or, where we have agreed Payment Terms with you, within the agreed Payment Terms.
- If you have any queries about an invoice, you must let us know within 7 days of the date of the invoice otherwise it will be deemed accepted by you.
- The Charges are exclusive of VAT and all other taxes, duties, levies and charges which you shall pay in addition and at the same time as the Charges.
- All payments shall be made to us in the currency set out in the invoice as agreed with you prior to invoicing and shall be made in full without any set-off, deduction or withholding whatsoever. You are responsible for any currency conversion costs and bank transaction fees (charged by your bank) related to the payments.
- If you are late in paying any sums due to us under these Terms of Service or any other agreement between you and us, we may (without prejudice to any other right or remedy available to us) do any or all of the following:
- charge interest on the amount due but unpaid at the rate of 2% per month from the due date until payment (after as well as before judgment), such interest to run from day to day and to be compounded monthly;
- suspend the performance of these Terms of Service and any other agreement between you and us until payment in full has been made (including suspension of your Accounts, your Bookings and your right to use the Platform and the Services);
- reduce your Credit Limit and / or Payment Terms;
- if the payment is more than 120 days late, sell or dispose of the Goods as agent for, and at the expense of, the Buyer and apply the proceeds toward the payment of the sums due; and
- take such legal action as we deem necessary.
- Intellectual Property Rights
- All Intellectual Property Rights of any nature anywhere in the world in the Platform, the Software and / or the Platform Services, the information and content and material on or accessible from the Platform and / or the Platform Services, any data collected by us and any database operated by us (but excluding your User Data) and all the Platform and the Platform Services’ design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) and methodologies shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such Intellectual Property Rights. All rights not expressly granted by us are reserved to us.
- We grant you a limited, non-exclusive, non-transferrable, non-sublicensable right to allow your Users to access and use the functionality of the Platform for the purpose of making reasonable use of the functionality of the Platform and the Platform Services. You (and your Users) shall not access or use the Platform or the Platform Services for any other purpose.
- As between you and us, you shall retain ownership of all your User Data. You grant us a royalty-free, perpetual licence to use, copy, modify, edit, adapt, translate, publish and distribute your User Data. You shall ensure that our use of your User Data in accordance with these Terms of Service will not infringe the rights of any third party.
- As between you and us, all rights (including goodwill) in the Beacon name and logos are owned by us. Other product and company names mentioned on the Platform are the trademarks or registered trademarks of their respective owners.
- Data Protection
- In respect of any personal data (as defined in the Schedule to these Terms of Service) that is shared by the parties, the parties shall comply with the obligations contained in the Schedule to these Terms of Service.
- Commencement and Termination
- The Platform and the Platform Services will be made available to you from the date you are accepted by us as a Buyer and agree to these Terms of Service.
- We may suspend or terminate your right to use the Platform and the Platform Services (or the relevant User’s Account) and your ability to make Bookings with immediate effect by giving you written notice if you (or any of your Users) commit a breach of these Terms of Service.
- We may cancel your current and future Bookings for the Carrier Services and / or the Beacon Add-On Services with immediate effect by giving you written notice where you have breached these Terms of Service. In addition, we may cancel any current or future Booking under this clause 11.3 where we believe the Goods covered by the Booking are unsafe or unlawful to transport.
- You may cancel your Unfulfilled Bookings for the Carrier Services and the Beacon Add-On Services by giving us written notice if we commit a material breach of these Terms of Service and (where such breach is remediable) the breach has not been remedied within 14 days of us receiving written notice of the breach from you. We will complete all other Bookings in accordance with these Terms of Service.
- We may terminate your right to use the Platform and the Platform Services and your ability to make Bookings and we may cancel your Bookings for the Carrier Services and / or the Beacon Add-On Services with immediate effect by giving you written notice if you make a resolution for your winding up, make an arrangement or composition with your creditors or make an application to a court of competent jurisdiction for protection from your creditors or an administration or winding-up order is made or an administrator or receiver is appointed in relation to you or you take any other similar step or suffer any other similar event in consequence of debt in any jurisdiction or you cease all or a substantial part of your business.
- If we suspend or terminate your use of the Platform, the Services and your ability to make Bookings and / or if we cancel your Bookings per clauses 11.3 or 11.5, you must still pay us any Charges you owe us in accordance with these Terms of Service and you must reimburse us for the reasonable costs incurred by us as a result of the cancellation of your Bookings.
- The following clauses shall continue in full force and effect following the termination of the relationship between the parties under these Terms of Service or any Booking: 9.3, 10, 12, 13 and the Schedule (Data Protection).
- Limitation of Liability
- Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by applicable law.
- Subject to clause 12.1, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, whether arising under or in connection with these Terms of Service or any Booking:
- for any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of anticipated savings, loss of business, loss of operation time, loss of opportunity, loss of or damage to goodwill or reputation, loss of, damage to or corruption of data; or
- for any special, indirect or consequential loss or damage.
- Subject to clauses 12.1 and 12.2:
- because you have a direct contractual relationship with the Provider of the Provider Add-On Services, we shall have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, and whether arising under or in connection with these Terms of Service or any Booking, in relation to the Provider Add-On Services and / or for the acts and / or omissions of any Provider of the Provider Add-On Services; and
- where the exclusions and limitations of liability in the BIFA Terms apply and are enforceable, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, and whether arising under or in connection with these Terms of Service or any Booking, in relation to the Carrier Services and / or for the acts and / or omissions of any Provider of the Carrier Services and / or for anything which may occur to the Goods whilst they are in the possession, custody or control of any Provider of the Carrier Services (or their officers, employees, consultants, sub-contractors or agents), shall be excluded and limited in accordance with the BIFA Terms; and
- in all other circumstances and in respect of all other matters, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, and whether arising under or in connection with these Terms of Service or any Booking, shall in no circumstances exceed, in aggregate, a sum equal to the greater of £50,000 or the amount of the Charges you paid us for the relevant Services.
- You acknowledge and agree that the limitations and exclusions of liability in these Terms of Service are fair and reasonable taking account of the level of risk to you and, in particular, taking account of the fact you have the option to purchase insurance to cover the loss and / or damage to your Goods.
- Except for the non-payment of any sums due under these Terms of Service, neither party shall be liable to the other party under these Terms of Service if it is prevented from or delayed in performing its obligations under these Terms of Service or any Booking, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control.
- Any notice required to be given under these Terms of Service shall be in writing and shall be delivered by email to (in the case of Beacon) the email address set out in clause 1.1 or to (in the case of the Buyer) the email address provided by the Buyer during the onboarding process or to such other email address as is used by the Buyer in connection with the Services (or to such other email address notified by the recipient under this clause 13.2).
- A notice sent by email shall be deemed received on the next Business Day after it is sent provided a “failed transmission” or “out of office” notification is not received.
- Except as set out in clauses 2.3 and 2.4, no variation of these Terms of Service shall be effective unless it is in writing and signed by the parties.
- No failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall constitute a waiver of that or any other right or remedy.
- These Terms of Service, together with the Specific Terms and the BIFA Terms, constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter and formation.
- The Buyer shall not, without the prior written consent of Beacon, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service. Beacon may assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Service.
- These Terms of Service do not confer any rights on any third party.
- Each party warrants that these Terms of Service have been entered into by its duly appointed representative who has acted within their powers to bind that party to these Terms of Service.
- These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
- Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims).
In addition to the definitions set out at clause 2 of these Terms of Service, the following definitions shall apply in this Schedule:
- Agreed Purpose: the provision and receipt of the Services.
- Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as set out in the UK Data Protection Legislation in force at the time.
- Data Discloser: the party which discloses Shared Personal Data to the other party.
- UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
- Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
- Permitted Recipients: the parties to these Terms of Service, the employees of each party, and any third parties engaged to perform obligations in connection with these Terms of Service.
- Shared Personal Data: the names, job titles and contact details of the parties’ employees and any third parties involved in the provision or receipt of the Services.
- Data Protection
- Shared Personal Data. This paragraph sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
- Effect of non-compliance with UK Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the UK Data Protection Legislation, and any material breach of the UK Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this Contract with immediate effect.
- Particular obligations relating to data sharing. Each party shall:
- ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
- give full information to any data subject whose personal data may be processed under these Terms of Service of the nature such processing. This includes giving notice that, on the termination of this Contract, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
- process the Shared Personal Data only for the Agreed Purposes;
- not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
- ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by these Terms of Service;
- ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
- consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
- promptly inform the other party about the receipt of any data subject access request;
- provide the other party with reasonable assistance in complying with any data subject access request;
- not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
- assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the UK Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
- notify the other party without undue delay on becoming aware of any breach of the UK Data Protection Legislation; and
at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on the termination of this Contract unless:
(a) required by law to store the personal data;
(b) in the case of Beacon, Beacon knows or suspects the User has misused the Platform or the Services or has committed a fraudulent act (in which case Beacon may retain the relevant Shared Personal Data until the matter has been resolved to Beacon’s satisfaction).